Aboriginal and Torres Strait Islander Commission (Meetings) Directions 2005
EXPLANATORY STATEMENT
Issued by the authority of the Minister for Immigration and Multicultural and Indigenous Affairs
Aboriginal and Torres Strait Islander Commission Act 1989
Section 12 of the Aboriginal and Torres Strait Islander Commission Act 1989 provides that the Commission shall perform its functions and exercise its powers in accordance with such general directions as are given to it by the Minister in writing.
There is presently a Bill before the Parliament which will abolish the Aboriginal and Torres Strait Islander Commission.
The effect of the Meetings Directions is to ensure that the Commission informs the Minister of its intention to meet and provides a draft agenda to the Minister with 30 days notice in writing before the Commission meets.
The Meetings Directions also provide that where the Commission has adjourned a meeting it may resume the meeting only if it informs the Minister of its intention to resume the meeting and provides a draft agenda to the Minister with 14 days notice in writing before the Commission resumes its meeting. The Directions provide that for the avoidance of doubt, this direction applies in respect of a meeting adjourned but not resumed at the time the direction is given.
Consultation was not appropriate in the circumstances.
The Directions commence on the date they are given to the Commission.
Overview
The Aboriginal and Torres Strait Islander Commission (Meetings) Directions 2005 were enacted to ensure transparency and accountability in the operations of the Aboriginal and Torres Strait Islander Commission (ATSIC) by requiring the Commission to notify the Minister of its intention to meet and to provide a draft agenda. This was necessitated by the need to maintain oversight over ATSIC's activities, particularly as a Bill to abolish the Commission was before Parliament. The Directions mandate that the Commission must inform the Minister with 30 days' notice of any intended meetings and with 14 days' notice if resuming an adjourned meeting, aiming to provide the Minister with adequate information to exercise oversight. These Directions were issued under Section 12 of the Aboriginal and Torres Strait Islander Commission Act 1989, which empowers the Minister to give general directions to the Commission. The policy objective behind these Directions is to facilitate the Minister's ability to monitor and guide the Commission's proceedings effectively.
Scope and Application
The Aboriginal and Torres Strait Islander Commission (Meetings) Directions 2005 applies specifically to the Aboriginal and Torres Strait Islander Commission (ATSIC), as stipulated under Section 12 of the Aboriginal and Torres Strait Islander Commission Act 1989. The legislation mandates that the Commission must inform the Minister for Immigration and Multicultural and Indigenous Affairs in writing at least 30 days before a meeting, providing a draft agenda. In cases where a meeting has been adjourned, the Commission must notify the Minister of its intention to resume the meeting and provide a draft agenda within 14 days. This requirement ensures transparency and oversight in the Commission's activities. The scope of these Directions is limited to the procedural aspects of meetings held by ATSIC and do not extend to other functions or powers of the Commission. The Directions are effective immediately upon being given to the Commission, reflecting the urgency and necessity of maintaining clear communication with the Minister regarding the Commission's activities.
Key Provisions
The Aboriginal and Torres Strait Islander Commission (Meetings) Directions 2005 (Section 12) require the Commission to inform the Minister of any planned meetings and provide a draft agenda with a 30-day notice (Section 1). This ensures transparency and accountability in the Commission's activities. If a meeting is adjourned, the Commission must also notify the Minister of any intention to resume the meeting and provide a draft agenda with 14 days' notice before resuming (Section 2). These provisions clarify that the notice requirements apply even to meetings that were adjourned but not yet resumed when the Directions were issued (Section 3).
The Directions impose specific obligations on the Commission to maintain open communication with the Minister regarding its meetings. This includes providing timely written notice and a draft agenda for both planned meetings and any resumptions of adjourned meetings. This requirement is intended to facilitate oversight and ensure that the Commission's activities are conducted in a manner that is transparent and accountable to the Minister.
Breaches of these requirements may have legal consequences, although the specific penalties or consequences are not detailed within the Directions themselves. Generally, failure to comply with such ministerial directions could lead to sanctions under the Aboriginal and Torres Strait Islander Commission Act 1989 or other relevant legislation. It is likely that non-compliance could result in administrative penalties, reprimands, or other corrective measures designed to ensure adherence to the legislative framework governing the Commission's activities.